11 Brazil Street, Leicester, LE2 7JA 0022
BIR/00FN/HMK/2022/0017 · Leicester · decided 23 Aug 2023 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 6 tenants |
| Rent | not stated as one figure |
| Period the order relates to | 1 Jul 2021 to 24 Nov 2021 |
| Maximum the tribunal could award | £8,346.42 |
| Amount the tribunal ordered | £556.43 per applicant on average; £3,338.58 in total for 6 applicants |
| Share of the maximum | 40%, as the tribunal stated it |
| Tribunal fees to be reimbursed | £300 |
| Rules | Old rules (offence before 1 May 2026): maximum 12 months' rent. |
Read from the PDF automatically. Amounts are totals for the decision, across all its applicants.
From the tribunal's reasons on the amount
challenged, (e) a statement of circumstances to justify a reduction in the amount of a rent repayment order, (f) any evidence of outgoings, including utility bills, and (g) any other documents to be relied upon at the hearing. … None of the above has been supplied. … The essence of those decisions, is that a court (or Tribunal) should adopt a three-stage test, which we do, in determining whether to grant relief from the debarring sanction: (1) The serious or significance of the breach. There can be no doubt that a failure to adhere to the terms of a direction’s timetable, which prevents the crystallisation of the issues between the respective parties, and delays the just and expeditious conduct of the proceedings, would amount to a serious or significant breach. That is especially so, where the Tribunal has made extensions to accommodate the absence of any reply and, further, has warned the Respondent that his continued failure to engage will likely lead to him being debarred from partaking in proceedings. (2) The reason for the failure or the default occurring. The Respondent stated that the only reason for his failure to engage, was simply the lack of time, and that he had been very busy with work. … (3) All the circumstances of the case. …
An extract from the part of the decision that sets the amount. To keep people's names out, any sentence that might contain one is left out (marked …). The full reasons are in the original decision.
The original
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Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.